10.2 Internal Investigations Flashcards

1
Q

Progressive discipline consists of what actions?

A

1) Preventative Actions

2) Corrective Actions

3) Adverse Actions

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2
Q

Investigations of allegations shall be done in a ________, _________ and ________ manner.

A

Thorough, objective and timely

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3
Q

Rights of Departmental personnel are outlined where?

A

Public Safety Officers Procedural Bill of Rights (POBR)

Government Code section 3300

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4
Q

When alleged misconduct is discovered, supervisors and managers have how long to notify the next level in chain of command?

A

As soon as PRACTICAL or IMMEDIATELY for allegations egregious in nature.

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5
Q

Identify the four possible conclusions to an administrative investigation

A

1) Adverse action

2) Rejection during probation

3) Miscellaneous investigation

4) Non-punitive separation

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6
Q

Identify the elements of a non-punitive termination

A

Actions resulting in involuntary separation, but not as a byproduct of a disciplinary measure.

i.e. Absence without leave, failure to meet minimum qualifications and medical disqualification

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7
Q

An office technician is arrested for being drunk in public on vacation in Florida. Is he/she subject to being investigated for an allegation of misconduct?

A

NO.

Due to the fact that all criminal acts by non-uniformed employees must rise to the level of a felony or a crime of moral turpitude.

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8
Q

An off-duty, ‘known’ uniformed employee hurls racial slurs at individuals in his neighborhood. Is he subject to being investigated for allegations of misconduct?

A

YES.

Because the misconduct is of a nature that it could bring discredit to the Department.

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9
Q

A written admonishment advising an employee that misconduct for which they are being counseled may be charged in a future adverse action…

A

Bazemore

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10
Q

Document on which the Bazemore admonishin SHALL be written…

A

Memorandum of Direction (MOD)

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11
Q

An official inquiry, utilizing departmental investigative resources into alleged misconduct by departmental employees…

A

Internal Investigation

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12
Q

True or False

All administrative interrogations shall be audio recorded

A

TRUE

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13
Q

Can a Memorandum of Correction contain the Bazemore admonition?

A

Yes

It should not, but CAN appear at commander’s discretion.

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14
Q

A disciplinary legal action taken in response to an employee’s misconduct or continued failure to meet the rules of conduct established by law and/or departmental policy…

A

Adverse Action

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15
Q

True or False

The assigned primary investigator shall be at least one rank higher than the highest ranking involved employee.

A

TRUE.

HOWEVER, the Division Commander or appropriate Assistant Commissioner can designate investigators that do not fit this criteria.

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16
Q

True or False

A Departmental employee who is unrelated to an outside agency ongoing investigation is obligated to inform the department of such investigation.

A

TRUE.

17
Q

Progressive discipline is intended to _______ an employee’s behavior and should _______ and _______ the employee to act and perform in accordance with established standards of conduct.

A

Modify

Instruct

Train

18
Q

In what code can you find POBR?

A

Government Code. Sections 3300-3312

19
Q

True or False – A peace officer shall be prohibited from serving as a member of the governing board of a school district.

A

False

20
Q

At what time shall an interrogation take place?

A

Preferably on-duty or during normal waking hours, unless the seriousness of the investigation requires otherwise.

21
Q

The employee under investigation shall be informed of what prior to interrogation?

A

Rank, name and command of officer in charge of interrogation, the interrogating officer and all other persons present. All questions asked by and through no more than two interrogators at one time.

22
Q

Can a public safety officer be ordered to cooperate with other agencies involved in a criminal investigation?

A

Yes. Failure to cooperate may lead to a charge of insubordination.

23
Q

How many days does an employee have to file a written response to any adverse comment entered in his personnel file?

A

30 days

24
Q

Generally, no officer is required to disclose any financial records. What are the exceptions?

A

If such information is obtained or required under proper legal procedure or law. Can be done if an employee is applying for a specialized unit where there is a strong possibility of bribes or other improper inducements.

25
Q

When can a locker or other space of an employee be searched?

A
  1. In his presence
  2. Consent
  3. Search Warrant
  4. Has been notified
26
Q

If it is shown that an agency has “maliciously violated” the employees POBR rights “with the intent to injure the public safety officer” a civil penalty of up to $ _______ plus attorney fees can be assessed.

A

$25,000

27
Q

Who has final approval and authority for all adverse actions is the Commisioner. In most cases he will delegate the final level of review as follows:

A

Divisions: Written reprimand to 5 days
ACF: 6-20 Days, removal from specialty positions
ACS: 6-20 days for HQ personnel and rejection during probation for cadets
Comm/Dep. Comm: 20+days and dismissals, demotions, rejection during probation for non-cadets

28
Q

Who is authorized to initiate and adverse action?

A

Commander or designee

29
Q

An adverse actions is ______(defined)?

A

Dismissal
Demotion
Suspension
Other disciplinary Action

Not a CHP 2, MOD or counseling

30
Q

Who can initiate rejection during probation on an employee?

A

Commander or designee

31
Q

Without an extension, the internal investigation should be completed and forwarded to OIA within ___ days?

A

60 calendar days

32
Q

If the commander feels a polygraph would be desirable during an investigation. He / she may submit a request. Who can approve the request?

A

Commissioner

No adverse comment can be made anywhere in the file if the employee refuses.

33
Q

If an interrogation is to take place and the employee refuses to waive his Miranda Rights, can an admin. Interrogation immediately take place?

A

It should not be conducted until approval is obtained from prosecutor.

34
Q

Can an employee be ordered to be interviewed by an outside agency for a civil rights violation (witness or suspect)?

A

No. The decision to be interviewed is at the sole discretion of the employee. If done during state time a supervisor will be present.

35
Q

What is a Miscellaneous Investigation?

A

Internal investigations which do not result in a recommendation for adverse action or rejection during probation.

36
Q

After approval, can an employee obtain a copy of the investigative file? If so, what is required?

A

Yes. A memo shall be attached admonishing the employee of confidentiality

37
Q

How long should a copy of the investigative file be retained in the areas?

A

5 years unless employee resigns, 3 years in personnel file.